Motion for Judicial Notice in BANK OF AMERICA NA VS ALVAREZ, AURELIO| Trellis.Law

On September 09, 2014 a Request,Application was filed involving a dispute between Bank Of America Na, and Alvarez, Aurelio, Mirador 1000 Condo Assn Inc, for RPMF -Homestead ($250,000 or more) in the District Court of Miami-Dade County.

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Filing # 103545031 E-Filed 02/19/2020 11:47:57 AM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA

BAC HOME LOANS SERVICING, LP GENERAL JURISDICTION DIVISION
F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP, CASE NO.: 14-23221 CA 01
Plaintiff,
vs.

AURELIO ALVAREZ, et. al.

Defendants.

DEFENDANT’S REQUEST FOR JUDICIAL NOTICE

Defendant, AURELIO ALVAREZ, et.al., (’Defendants”), by and through undersigned
counsel, and pursuant to Rules 90.202(13) and 90.203, Florida Evidence Code, hereby request that
this Court take judicial notice of:

1. Defendant’s Corrected Joint Motion for Sanctions Under the Court’s Inherent
Contempt Powers for Fraud Upon the Court in BONY vs. Joseph Behr, Broward County, Case No.

CACE 2011-23871 (Consolidated Cases). See attached as Exhibit “A”.

CERTIFICATE OF SERVICE
Thereby certify that the foregoing was filed with the Florida Courts e-filing Portal,
and served on all those on the Service List, either via Notices of Electronic Filing generated by the

e-Portal system or another authorized manner on February 19, 2020.

Respectfully submitted,

JACOBS LEGAL, PLLC

ALFRED I. DUPONT BUILDING

169 EAST FLAGLER ST., SUITE 1620
MIAMI, FLORIDA 33131

TEL (305) 358-7991

Fax (305) 358-7992

JACOBS KEELEY, PLLC, 169 EAST FLAGLER STREET, SUITE 1620, MIAMI, FL 33131 TEL: 305*358*7991 FAX: 305*358*7992,SERVICE EMAIL: EFILE@JAKELEGAL.COM
By: /S/ BRUCE JACOBS

BRUCE JACOBS
FLORIDA BAR NO. 116203

JACOBS KEELEY, PLLC, 169 EAST FLAGLER STREET, SUITE 1620, MIAMI, FL 33131 TEL: 305*358*7991 FAX: 305*358*7992,679.1091. Scope, FL ST § 679.1091

West's Florida Statutes Annotated
Title XXXIX. Commercial Relations (Chapters 668-688) (Refs & Annos)
Chapter 679. Uniform Commercial Code: Secured Transactions (Refs & Annos)
Article 9. Secured Transactions; Sales of Accounts and Chattel Paper (Refs & Annos)
Part I. General Provisions

West's F.S.A. § 679.1091
679.1091. Scope

Effective: June 1, 2005
Currentness

(1) Except as otherwise provided in subsections (3) and (4), this chapter applies to:

(a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;

(b) An agricultural lien;

(d) A consignment;

(e) A security interest arising under s. 672.401, s. 672.502, s. 672.711, or s. 680.508(5), as provided in s. 679.1101; and

(f) A security interest arising under s. 674.2101 or s. 675.118.

(2) The application of this chapter to a security interest in a secured obligation is not affected by the fact that the
obligation is itself secured by a transaction or interest to which this chapter does not apply.

(3) This chapter does not apply to the extent that:

(a) A statute, regulation, or treaty of the United States preempts this chapter; or

(b) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under
s. 675.114.

(4) This chapter does not apply to:679.1091. Scope, FL ST § 679.1091

(a) A landlord's lien, other than an agricultural lien;

(b) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but s, 679.333
applies with respect to priority of the lien;

(d) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of
which they arose;

(e) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of
collection only;

(f) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the
contract;

(g) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction
of a preexisting indebtedness;

(h) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or
to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment,
but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;

(i) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was
collateral;

() A right of recoupment or set-off, but:

1. Section 679.340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and

2. Section 679.4041 applies with respect to defenses or claims of an account debtor;

(k) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the
extent that provision is made for:

1. Liens on real property in ss. 679.2031 and 679.3081;

2. Fixtures in s. 679.334;679.1091. Scope, FL ST § 679.1091

3. Fixture filings in ss. 679.5011, 679.5021, 679.512, 679.516, and 679.519; and

4. Security agreements covering personal and real property in s. 679.604;

() An assignment of a claim arising in tort, other than a commercial tort claim, but ss. 679.3151 and 679.322 apply with
respect to proceeds and priorities in proceeds;

(m) An assignment of a deposit account, other than a nonnegotiable certificate of deposit, in a consumer transaction,
but ss. 679.3151 and 679.322 apply with respect to proceeds and priorities in proceeds;

(n) Any transfer by a government or governmental unit; or

(0) A transfer or pledge of, or creation of a security interest in, any interest or right or portion of any interest or right
in any storm-recovery property as defined in s. 366.8260.

Credits
Added by Laws 2001, c. 2001-198, § 1, eff. Jan. 1, 2002. Amended by Laws 2005, c. 2005-107, § 2, eff. June 1, 2005.

Editors' Notes
UNIFORM COMMERCIAL CODE COMMENT

1. Source. Former Sections 9-102, 9-104.

2. Basic Scope Provision. Subsection (a)(1) derives from former Section 9-102(1) and (2). These subsections have been
combined and shortened. No change in meaning is intended. Under subsection (a)(1), all consensual security interests in
personal property and fixtures are covered by this Article, except for transactions excluded by subsections (c) and (d).
As to which transactions give rise to a “:
When a security interest is created, this Article applies regardless of the form of the transaction or the name that parties
have given to it.

ecurity interest,” the definition of that term in Section 1-201 must be consulted.

3. Agricultural Liens. Subsection (a)(2) is new. It expands the scope of this Article to cover agricultural liens, as defined
in Section 9-102.

4. Sales of Accounts, Chattel Paper, Payment Intangibles, Promissory Notes, and Other Receivables. Under subsection (a)
(3), as under former Section 9-102, this Article applies to sales of accounts and chattel paper. This approach generally
has been successful in avoiding difficult problems of distinguishing between transactions in which a receivable secures
an obligation and those in which the receivable has been sold outright. In many commercial financing transactions the
distinction is blurred.

Subsection (a)(3) expands the scope of this Article by including the sale of a “payment intangible” (defined in Section
9-102 as “a general intangible under which the account debtor's principal obligation is a monetary obligation”) and
a “promissory note” (also defined in Section 9-102). To a considerable extent, this Article affords these transactions679.1091. Scope, FL ST § 679.1091

treatment identical to that given sales of accounts and chattel paper. In some respects, however, sales of payment
intangibles and promissory notes are treated differently from sales of other receivables. See, e.g., Sections 9-309
(automatic perfection upon attachment), 9-408 (effect of restrictions on assignment). By virtue of the expanded definition
of “account” (defined in Section 9-102), this Article now covers sales of (and other security interests in) “health-care-
insurance receivables” (also defined in Section 9-102). Although this Article occasionally distinguishes between outright
sales of receivables and sales that secure an obligation, neither this Article nor the definition of “security interest” (Section
1-201(37)) delineates how a particular transaction is to be classified. That issue is left to the courts.

5. Transfer of Ownership in Sales of Receivables. A “sale” of an account, chattel paper, a promissory note, or a payment
intangible includes a sale of a right in the receivable, such as a sale of a partici
the sale of an enforcement right. For example, a “[p]erson entitled to enforce” a negotiable promissory note (Section
3-301) may sell its ownership rights in the instrument. See Section 3-203, Comment | (“Ownership rights in instruments
may be determined by principles of the law of property, independent of Article 3, which do not depend upon whether
the instrument was transferred under Section 3-203.”). Also, the right under Section 3-309 to enforce a lost, destroyed,
or stolen negotiable promissory note may be sold to a purchaser who could enforce that right by causing the seller to
provide the proof required under that section. This Article rejects decisions reaching a contrary result, e.g., Dennis Joslin
Co. v. Robinson Broadcasting, 917 F.Supp. 491 (D.D,C.1997).

ation interest. The term also includes

Nothing in this section or any other provision of Article 9 prevents the transfer of full and complete ownership of
an account, chattel paper, an instrument, or a payment intangible in a transaction of sale. However, as mentioned in
Comment 4, neither this Article nor the definition of “security interest” in Section 1-201 provides rules for distinguishing
sales transactions from those that create a security interest securing an obligation. This Article applies to both types of
transactions. The principal effect of this coverage is to apply this Article's perfection and priority rules to these sales
transactions. Use of terminology such as “security interest,” “debtor,” and “collateral” is merely a drafting convention
adopted to reach this end, and its use has no relevance to distinguishing sales from other transactions. See PEB
Commentary No. 14.

Following a debtor's outright sale and transfer of ownership of a receivable, the debtor-seller retains no legal or equitable
rights in the receivable that has been sold. See Section 9-318(a). This is so whether or not the buyer's security interest
is perfected. (A security interest arising from the sale of a promissory note or payment intangible is perfected upon
attachment without further action. See Section 9-309.) However, if the buyer's interest in accounts or chattel paper is
unperfected, a subsequent lien creditor, perfected secured party, or qualified buyer can reach the sold receivable and
achieve priority over (or take free of) the buyer's unperfected security interest under Section 9-317. This is so not because
the seller of a receivable retains rights in the property sold; it does not. Nor is this so because the seller of a receivable is
a “debtor” and the buyer of a receivable is a “secured party” under this Article (they are). It is so for the simple reason
that Sections 9-318(b), 9-317, and 9-322 make it so, as did former Sections 9-301 and 9-312. Because the buyer's security
interest is unperfected, for purposes of determining the rights of creditors of and purchasers for value from the debtor-
seller, under Section 9-318(b) the debtor-seller is deemed to have the rights and title it sold. Section 9-317 subjects the
buyer's unperfected interest in accounts and chattel paper to that of the debtor-seller's lien creditor and other persons
who qualify under that section.

6. Consignments. Subsection (a)(4) is new. This Article applies to every “consignment.” The term, defined in Section
9-102, includes many but not all “true” consignments (i.e., bailments for the purpose of sale). If a transaction is a “sale
or return,” as defined in revised Section 2-326, it is not a “consignment.” In a “sale or return” transaction, the buyer
becomes the owner of the goods, and the seller may obtain an enforceable security interest in the goods only by satisfying
the requirements of Section 9-203.

Under common law, creditors of a bailee were unable to reach the interest of the bailor (in the case of a consignment, the
consignor-owner). Like former Section 2-326 and former Article 9, this Article changes the common-law result; however,679.1091. Scope, FL ST § 679.1091

it does so in a different manner. For purposes of determining the rights and interests of third-party creditors of, and
purchasers of the goods from, the consignee, but not for other purposes, such as remedies of the consignor, the consignee
is deemed to acquire under this Article whatever rights and title the consignor had or had power to transfer. See Section
9-319, The interest of a consignor is defined to be a security interest under revised Section 1-201(37), more specifically,
a purchase-money security interest in the consignee's inventory. See Section 9-103(d). Thus, the rules pertaining to lien
creditors, buyers, and attachment, perfection, and priority of competing security interests apply to consigned goods.
The relationship between the consignor and consignee is left to other law. Consignors also have no duties under Part
6. See Section 9-601(g).

Sometimes parties characterize transactions that secure an obligation (other than the bailee's obligation to returned
bailed goods) as “consignments.” These transactions are not “consignments” as contemplated by Section 9-109(a)(4).
See Section 9-102. This Article applies also to these transactions, by virtue of Section 9-109(a)(1). They create a security
interest within the meaning of the first sentence of Section 1-201(37).

This Article does not apply to bailments for sale that fall outside the definition of “consignment” in Section 9-102 and
that do not create a security interest that secures an obligation.

7. Security Interest in Obligation Secured by Non-Article 9 Transaction. Subsection (b) is unchanged in substance from
former Section 9-102(3). The following example provides an illustration.

Example 1: O borrows $10,000 from M and secures its repayment obligation, evidenced by a promissory note, by granting
to M a mortgage on O's land. This Article does not apply to the creation of the real-property mortgage. However, if
M sells the promissory note to X or gives a security interest in the note to secure M's own obligation to X, this Article
applies to the security interest thereby created in favor of X. The security interest in the promissory note is covered by
this Article even though the note is secured by a real-property mortgage. Also, X's security interest in the note gives X
an attached security interest in the mortgage lien that secures the note and, if the security interest in the note is perfected,
the security interest in the mortgage lien likewise is perfected. See Sections 9-203, 9-308.

It also follows from subsection (b) that an attempt to obtain or perfect a security interest in a secured obligation by
complying with non-Article 9 law, as by an assignment of record of a real-property mortgage, would be ineffective.
Finally, it is implicit from subsection (b) that one cannot obtain a security interest in a lien, such as a mortgage on real
property, that is not also coupled with an equally effective security interest in the secured obligation. This Article rejects
cases such as In re Maryville Savings & Loan Corp., 743 F.2d 413 (6th Cir. 1984), clarified on reconsideration, 760 F.2d
119 (1985).

8. Federal Preemption. Former Section 9-104(a) excluded from Article 9 “a security interest subject to any statute of the
United States, to the extent that such statute governs the rights of parties to and third parties affected by transactions in
particular types of property.” Some (erroneously) read the former section to suggest that Article 9 sometimes deferred
to federal law even when federal law did not preempt Article 9. Subsection (c)(1) recognizes explicitly that this Article
defers to federal law only when and to the extent that it must-i.e., when federal law preempts it.

9. Governmental Debtors. Former Section 9-104(e) excluded transfers by governmental debtors. It has been revised and
replaced by the exclusions in new paragraphs (2) and (3) of subsection (c). These paragraphs reflect the view that Article
9 should apply to security interests created by a State, foreign country, or a “governmental unit” (defined in Section
9-102) of either except to the extent that another statute governs the issue in question. Under paragraph (2), this Article
defers to all statutes of the forum State. (A forum cannot determine whether it should consult the choice-of-law rules
in the forum's UCC unless it first determines that its UCC applies to the transaction before it.) Paragraph (3) defers to
statutes of another State or a foreign country only to the extent that those statutes contain rules applicable specifically
to security interests created by the governmental unit in question.679.1091. Scope, FL ST § 679.1091

Example 2: A New Jersey state commission creates a security interest in favor of a New York bank. The validity of the
security interest is litigated in New York. The relevant security agreement provides that it is governed by New York law.
To the extent that a New Jersey statute contains rules peculiar to creation of security interests by governmental units
generally, to creation of security interests by state commissions, or to creation of security interests by this particular
state commission, then that law will govern. On the other hand, to the extent that New Jersey law provides that security
interests created by governmental units, state commissions, or this state commission are governed by the law generally
applicable to secured transactions (i.e., New Jersey's Article 9), then New York's Article 9 will govern.

Example 3: An airline that is an instrumentality of a foreign country creates a security interest in favor of a New York
bank. The analysis used in the previous example would apply here. That is, if the matter is litigated in New York, New
York law would govern except to the extent that the foreign country enacted a statute applicable to security interests
created by governmental units generally or by the airline specifically.

The fact that New York law applies does not necessarily mean that perfection is accomplished by filing in New York.
Rather, it means that the court should apply New York's Article 9, including its choice-of-law provisions. Under New
York's Section 9-301, perfection is governed by the law of the jurisdiction in which the debtor is located. Section 9-307
determines the debtor's location for choice-of-law purposes.

If a transaction does not bear an appropriate relation to the forum State, then that State's Article 9 will not apply,
regardless of whether the transaction would be excluded by paragraph (3).

Example 4: A Belgian governmental unit grants a security interest in its equipment to a Swiss secured party. The
equipment is located in Belgium. A dispute arises and, for some reason, an action is brought in a New Mexico state
court. Inasmuch as the transaction bears no “appropriate relation” to New Mexico, New Mexico's UCC, including its
Article 9, is inapplicable. See Section 1-105(1). New Mexico's Section 9-109(c) on excluded transactions should not come
into play. Even if the parties agreed that New Mexico law would govern, the parties’ agreement would not be effective
because the transaction does not bear a “reasonable relation” to New Mexico. See Section 1-105(1).

Conversely, Article 9 will come into play only if the litigation arises in a UCC jurisdiction or if a foreign choice-of-law
tule leads a foreign court to apply the law of a UCC jurisdiction. For example, if issues concerning a security interest
granted by a foreign airline to a New York bank are litigated overseas, the court may be bound to apply the law of the
debtor's jurisdiction and not New York's Article 9.

10. Certain Statutory and Common-Law Liens; Interests in Real Property. With few exceptions (nonconsensual
agricultural liens being one), this Article applies only to consensual security interests in personal property. Following
former Section 9-104(b) and (j), paragraphs (1) and (11) of subsection (d) exclude landlord's liens and leases and most
other interests in or liens on real property. These exclusions generally reiterate the limitations on coverage (i.¢., “by
contract,” “in personal property and fixtures”) made explicit in subsection (a)(1). Similarly, most jurisdictions provide
special liens to suppliers of many types of services and materials, either by statute or by common law. With the exception
of agricultural liens, it is not necessary for this Article to provide general codification of this lien structure, which is
determined in large part by local conditions and which is far removed from ordinary commercial financing. As under
former Section 9-104(c), subsection (d)(2) excludes these suppliers’ liens (other than agricultural liens) from this Article.
However, Section 9-333 provides a rule for determining priorities between certain possessory suppliers’ liens and security
interests covered by this Article.

11. Wage and Similar Claims. As under former Section 9-104(d), subsection (d)(3) excludes assignments of claims for
wages and the like from this Article. These assignments present important social i:
Federal Trade Commission has ruled that, with some exceptions, the taking of an assignment of wages or other earnings

ues that other law addresses. The679.1091. Scope, FL ST § 679.1091

is an unfair act or practice under the Federal Trade Commission Act. See 16 C.F.R. Part 444, State statutes also may
regulate such assignments.

12. Certain Sales and Assignments of Receivables; Judgments. In general this Article covers security interests in (including
sales of) accounts, chattel paper, payment intangibles, and promissory notes. Paragraphs (4), (5), (6), and (7) of
subsection (d) exclude from the Article certain sales and assignments of receivables that, by their nature, do not concern
commercial financing transactions. These paragraphs add to the exclusions in former Section 9-104(f) analogous sales
and assignments of payment intangibles and promissory notes. For similar reasons, subsection (d)(9) retains the exclusion
of assignments of judgments under former Section 9-104(h) (other than judgments taken on a right to payment that itself
was collateral under this Article).

13. Insurance. Subsection (d)(8) narrows somewhat the broad exclusion of interests in insurance policies under former
Section 9-104(g). This Article now covers assignments by or to a health-care provider of “health-care-insurance
receivables” (defined in Section 9-102),

14. Set-Off. Subsection (d)(10) adds two exceptions to the general exclusion of set-off rights from Article 9 under former
Section 9-104(i). The first takes account of new Section 9-340, which regulates the effectiveness of a set-off against a
deposit account that stands as collateral. The second recognizes Section 9-404, which affords the obligor on an account,
chattel paper, or general intangible the right to raise claims and defenses against an assignee (secured party).

15. Tort Claims. Subsection (d)(12) narrows somewhat the broad exclusion of transfers of tort claims under former
Section 9-104(k). This Article now applies to assignments of “commercial tort claims” (defined in Section 9-102) as well
as to security interests in tort claims that constitute proceeds of other collateral (e.g., a right to payment for negligent
destruction of the debtor's inventory). Note that once a claim arising in tort has been settled and reduced to a contractual
obligation to pay, the right to payment becomes a payment intangible and ceases to be a claim arising in tort.

This Article contains two special rules governing creation of a security interest in tort claims. First, a description of
collateral in a security agreement as “all tort claims” is insufficient to meet the requirement for attachment. See Section
9-108(e). Second, no security interest attaches under an after-acquired property clause to a tort claim. See Section
9-204(b). In addition, this Article does not determine whom the tortfeasor must pay to discharge its obligation. Inasmuch
as a tortfeasor is not an “account debtor,” the rules governing waiver of defenses and discharge of an obligation by an
obligor (Sections 9-403, 9-404, 9-405, and 9-406) are inapplicable to tort-claim collateral.

16. Deposit Accounts. Except in consumer transactions, deposit accounts may be taken as original collateral under this
Article. Under former Section 9-104(), deposit accounts were excluded as original collateral, leaving security interests
in deposit accounts to be governed by the common law. The common law is nonuniform, often difficult to discover
and comprehend, and frequently costly to implement. As a consequence, debtors who wished to use deposit accounts as
collateral sometimes were precluded from doing so as a practical matter. By excluding deposit accounts from the Article's
scope as original collateral in consumer transactions, subsection (d)(13) leaves those transactions to law other than this
Article. However, in both consumer and non-consumer transactions, sections 9-315 and 9-322 apply to deposit accounts
as proceeds and with respect to priorities in proceeds.

This Article contains several safeguards to protect debtors against inadvertently encumbering deposit accounts and to
reduce the likelihood that a secured party will realize a windfall from a debtor's deposit accounts. For example, because
“deposit account” is a separate type of collateral, a security agreement covering general intangibles will not adequately
describe deposit accounts. Rather, a security agreement must reasonably identify the deposit accounts that are the subject
of a security interest, e.g., by using the term “deposit accounts.” See Section 9-108. To perfect a security interest in a
deposit account as original collateral, a secured party (other than the bank with which the deposit account is maintained)
must obtain “control” of the account either by obtaining the bank's authenticated agreement or by becoming the bank's.679.1091. Scope, FL ST § 679.1091

customer with respect to the deposit account. See Sections 9-312(b)(1), 9-104. Either of these steps requires the debtor's
consent.

This Article also contains new rules that determine which State's law governs perfection and priority of a security interest
ina deposit account (Section 9-304), priority of conflicting security interests in and set-off rights against a deposit account
(Sections 9-327, 9-340), the rights of transferees of funds from an encumbered deposit account (Section 9-332), the
obligations of the bank (Section 9-341), enforcement of security interests in a deposit account (Section 9-607(c)), and the
duty of a secured party to terminate control of a deposit account (Section 9-208(b)).

Notes of Decisions (67)

West's F. S. A. § 679.1091, FL ST § 679.1091
Current with chapters from the 2019 First Regular Session of the 26th Legislature in effect through April 26, 2019

West's F.S.A. § 679.2031

679.2031. Attachment and enforceabili
interest; proceeds; supporting obligations; formal requisites

of security

Effective: July 1, 2010
Currentness

(1) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral,
unless an agreement expressly postpones the time of attachment.

(2) Except as otherwise provided in subsections (3) through (10), a security interest is enforceable against the debtor and
third parties with respect to the collateral only if:

(a) Value has been given;

(b) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and

1. The debtor has authenticated a security agreement that provides a description of the collateral and, if the security
interest covers timber to be cut, a description of the land concerned;

2. The collateral is not a certificated security and is in the possession of the secured party under s. 679.3131 pursuant
to the debtor's security agreement;

3. The collateral is a certificated security in registered form and the security certificate has been delivered to the secured
party under s. 678.3011 pursuant to the debtor's security agreement; or

4. The collateral is deposit accounts, electronic chattel paper, investment property, letter-of-credit rights, or electronic
documents, and the secured party has control under s. 677.106, s. 679.1041, s. 679.1051, s. 679.1061, or s, 679.1071
pursuant to the debtor's security agreement.679.2031. Attachment and enforceability of security interest;..., FL ST § 679.2031

(3) Subsection (2) is subject to s. 674.2101 on the security interest of a collecting bank, s. 675.118 on the security interest
of a letter-of-credit issuer or nominated person, s. 679.1101 on a security interest arising under chapter 672 or chapter
680, and s. 679.2061 on security interests in investment property.

(4) A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law
other than this chapter or by contract:

(a) The security agreement becomes effective to create a security interest in the person's property; or

(b) The person becomes generally obligated for the obligations of the other person, including the obligation secured
under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.

(5) If a new debtor becomes bound as debtor by a security agreement entered into by another person:

(a) The agreement satisfies paragraph (2)(c) with respect to existing or after-acquired property of the new debtor to the
extent the property is described in the agreement; and

(b) Another agreement is not necessary to make a security interest in the property enforceable.

(6) The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by s. 679.3151
and is also attachment of a security interest in a supporting obligation for the collateral.

(7) The attachment of a security interest in a right to payment or performance secured by a security interest or other lien
on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.

(8) The attachment of a security interest in a securities account is also attachment of a security interest in the security
entitlements carried in the securities account.

(9) The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity
contracts carried in the commodity account.

(10) A security interest in an account consisting of a right to payment of a monetary obligation for the sale of real
property that is the debtor's homestead under the laws of this state is not enforceable unless:

(a) The description of the account in the security agreement conspicuously states that the collateral includes the debtor's
right to payment of a monetary obligation for the sale of real property;

(b) The description of the account in the security agreement includes a legal description of the real property:679.2031. Attachment and enforceability of security interest;..., FL ST § 679.2031

(c) The description of the account in the security agreement conspicuously states that the real property is the debtor's
homestead; and

(d) The security agreement is also authenticated by the debtor's spouse, if the debtor is married; if the debtor's spouse is
incompetent, then the method of authentication by the debtor's spouse is the same as provided by the laws of this state,
other than this chapter, which apply to the alienation or encumbrance of homestead property by an incompetent person.

Credits
Added by Laws 2001, c. 2001-198, § 2, eff. Jan. 1, 2002. Amended by Laws 2002. c. 2002-242, § 3, eff. May 13, 2002;
Laws 2010, c. 2010-131, § 59, eff. July 1, 2010.

West's F. S. A. § 679.2031, FL ST § 679.2031
Current with chapters from the 2019 First Regular Session of the 26th Legislature in effect through April 26, 2019